Common use of Contractor’s failure to rectify Defects Clause in Contracts

Contractor’s failure to rectify Defects. In the event that the Contractor fails to repair or rectify such Defect or deficiency within the period specified by the EIC, the RSCL shall be entitled to get the same repaired, rectified or remedied at the Contractor’s cost so as to make the Work conform to the Specifications and Standards and the provisions of this Agreement. All costs consequent there on shall, after due consultation with the RSCL and the Contractor, be determined by the EIC. The cost so determined and an amount equal to One hundred twenty percent (120 %) of the cost as Damages shall be recoverable by the RSCL from the Contractor and may be deducted by the RSCL from any monies due to the Contractor.